They say the recently updated rules on publicity will allow law firms more flexibility in publicising their services and improve competition.
Edward Kuruvilla of Kuruvilla, Yeoh & Benjamin said the new Legal Profession (Publicity) Rules 2025 offers law firms “a simpler and more permissive approach” to marketing their services without compromising on integrity, client interests or public trust.
“Notably, it will allow younger tech-savvy lawyers to leverage their creativity and technical know-how to engage in publicity previously unseen or, if seen, largely frowned upon.
“Some of it will no doubt push the limits of the 2025 Rules which may result in further amendments down the road,” he said.
The new rules, in force since Jan 1, significantly broaden the ability of lawyers to publicise their services, lifting tight restrictions that previously curtailed such publicity.
Lawyers are now permitted to publicise their services and expertise “through any medium”, including print, electronic platforms, public channels, as well as at seminars, conferences and forums.
Under the now-revoked 2001 edition, lawyers were faced with strict limits as regards how they marketed their services. Appearances at seminars, conferences and in the media were also tightly regulated, with lawyers prohibited from self‑promotion, soliciting clients or making claims about their expertise.
Kuruvilla also noted that Rule 3(2) expressly extends the framework to foreign lawyers, international partnerships and foreign law firms permitted to practise in Malaysia — a grey area under the previous regime.
‘Smaller firms get a voice’
Senior lawyer Kitson Foong described the rules as a “strategic necessity” aimed at “forcing the profession into the 21st century”.
“The field is definitely more level than before. The 2025 Rules give the small, smart boutique firms a voice. They can now compete on specialised knowledge and track record, rather than just relying on being a giant, expensive brand name.”
Foong said the most powerful change lies in Rule 4, which stipulates that lawyers “must not affect the dignity and standing of the legal profession” when publicising their services.
“It’s no longer enough just to follow a checklist of approved words. Every single social media post, blog or paid advertisement must uphold the dignity of the profession,” he said.
The new rules also allow lawyers to state their niche expertise – for example, “leading family law mediators” – although they are strictly prohibited from claiming to be “experts” in a field.
“The rules now mandate that publicity must be verifiable, ensuring the public can make a more educated choice.
“This is paramount for closing the justice gap — helping clients find the right specialist, not just the biggest signboard,” said Foong, of Kit & Associates.
However, he cautioned that the rules will not erase imbalances that arise from the financial disparities between larger and smaller firms.
“Large law firms will continue to leverage their sizeable budgets for sustained digital advertising campaigns,” he said.
Despite this, Foong believes boutique firms will now have a better chance to compete, drawing on credibility and creativity to offset the sheer spending power of larger rivals.
Former Bar Council president Salim Bashir said the new framework will make it less cumbersome for the public to locate competent lawyers with essential skills and specialisations, including on social media.
“Digital platforms and modern landscape offer tools to enhance visibility but lawyers must still exercise vigilance to steer clear of practices that could be construed as unethical and misleading,” he said.
Foong said the 2025 Rules also give the Bar Council “teeth” to act against improper publicity.
“They can now make an inquiry and order the immediate withdrawal or modification of any improper digital content, stopping deceptive claims in their tracks.”
He warned, however, that the biggest ethical challenge ahead lies in preventing lawyers from promising guaranteed wins or misrepresenting court successes. - FMT
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